Tuesday, January 26, 2010

Grim Justice in Luzerne County



Yesterday morning   Berks County Pennsylvania  Senior Judge Arthur Grim ordered the last group  of unsettled juvenile cases that had been  tainted by the  recent Luzerne County judicial corruption scandal “dismissed with prejudice”. Dismissal with prejudice means the cases my not ever be refilled unless the dismissal is overturned by an appellate court.

Grim emerged from a closed door conference that precede what had been scheduled as a hearing on a motion to dismiss many of the pending charges against 27 separate juveniles accompanied by  Luzerne County District Attorney Jackie Musto Carroll and Juvenile Law Center Legal Director Marsha Levick. Grim  state that with the dismissal juvenile justice had been “balanced and restored,” in Luzerne County

 Stating that “In my opinion, it’s the right thing to do,”   District Attorney Jackie Musto Carroll  announced she would not retry any of the juveniles.

Grim further stated that Juveniles who still owe restitution will not have to pay the remainder of what they owe. According to Judge Grim both the courts and attorneys will cooperate to work out  wother ways to make restitution to the victims .  Grim  stressed  that victims will not be expected to or required to repay restitution already  received.

On October 29  of 2009 The Pennsylvania Supreme Court that vacated the convictions of an estimated 6,500 juveniles who appeared before  former Judge Mark Ciavarella between  2003 to 2008.  Both Ciavarella and former Judge Michael Conahan were arrested last January  of 2009 on numerous charges including that the two accepting $2.6 million  in kick backs and other incentives from the developer and a former co-owner of the for profit private detention centers in exchange for rulings that committed numerous, mostly teen-aged, children  to the centers.


The Supreme Courts ruling was based on a report issued by  Judge Grim, who was specially appointed to review Ciavarella’s cases  after the arrests  The Supreme Court specifically forbid retrial for any juvenile who appeared before Ciavarella without an attorney or if the juvenile was committed to either  PA Child Care or  Western PA Child Care the two private detention and treatment centers at the center  of the judges’ scandal.
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The Juvenile Law Center, a Philadelphia-based advocacy group which has spoken out strongly in favor of the dismissal is still involved in in   number lcivil suits against the judges.

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